Decision Date: December 1, 2004

Panel: Alan Andison

Keywords:  Forest Act – s. 105; stumpage rate; consent order

Deverne and Charlene Durning appealed a stumpage rate determination with respect to a cutting permit issued under a woodlot licence.  Before the stumpage rate was determined, Deverne and Charlene Durning had delivered a notice of intention to the Ministry of Forests to change the adjusting stumpage rate to a fixed stumpage rate.  By consent of the parties, the Commission ordered that the determination be rescinded and the stumpage rate be fixed at the rate in effect on June 23, 2004.

Accordingly, the appeal was allowed.